Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 68 -- Sale deed - Proof - Attesting witnesses are not required to be examined to prove sale deed...........
Wakf Act, 1995, Section 3 -- Waqf - Dilapidated wall or a platform cannot be conferred status of a religious place for the purpose of offering prayers/Namaaz in the absence of any proof of dedication or user...........
Medical education -- Foreign MBBS course - Provisional registration - Qualifying in Screening Regulations is no proof of clinical experience, if any gained by students - Screening examination is based upon Optical Mark Reader (OMR) answers and has no correlation with any practical training - Students thus, not entitled to provisional registration in terms of Screening..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title - Burden of proof in a suit for declaration of title is upon plaintiff and this burden never shifts to defendant till plaintiff discharges his burden...........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Indian Penal Code, 1860, Section 302 -- Murder - Place of arrest is not material in view of proof of case beyond doubt...........
Evidence Act, 1872, Section 106 -- Reverse burden of proof - Before accused is called upon to explain the circumstances in his exclusive knowledge by virtue of doctrine of shifting the burden of proof, Prosecution has to prove, either by direct or circumstantial evidence, that accused was present in the same room/house where deceased was murdered by violent means -..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Acquittal - Absence of any proof with regard to demand and acceptance of illegal gratification - No case is made out for grant to appeal - Accused rightly acquitted...........
Utilization of land -- Voluntary surrender of land - Burden of proof - Land is utilized for road to be owned by Panchayat/Municipality - Panchayat/Municipality is the beneficiary and stand is taken by Panchayat that it was a voluntarily surrender of rights for no consideration - Burden would be on Panchayat to establish such voluntarily surrender - Division Bench..........
